Recovering Unpaid Invoices in Italy: A Practical Guide for UAE Businesses

The starting point

Italy and the United Arab Emirates are not bound by a general bilateral treaty on the recognition and enforcement of civil and commercial judgments, and the UAE is not a party to the 2005 or 2019 Hague Conventions on judgments.

This has a practical consequence for exporters, contractors and service providers in Dubai, Abu Dhabi and the other Emirates: for most trade debts owed by an Italian company, the efficient strategy is to sue the debtor in Italy, rather than obtain a judgment at home and then seek its recognition in Italy.

Suing the debtor in Italy

Italian courts have jurisdiction over defendants domiciled in Italy, and — depending on the contract — further heads of jurisdiction may apply.

For documented claims for a liquid sum, the creditor can apply for a decreto ingiuntivo: a payment order issued by an Italian court on the basis of written evidence, without a prior hearing. In appropriate cases the court can declare the order provisionally enforceable, allowing enforcement to begin before the order becomes final.

Where the claim is likely to be contested on the merits, ordinary proceedings before the competent Italian tribunal remain available.

What if you already have an Emirati judgment?

A judgment issued by the courts of the UAE — including, where relevant, the common-law courts of the DIFC or the ADGM — can in principle be presented for recognition in Italy under Articles 64–67 of Law No 218/1995, subject to the statutory conditions (jurisdiction of the foreign court, proper service, adversarial guarantees, finality, no conflict with Italian judgments, no public-policy conflict).

Recognition is, however, a separate procedural step that adds time. Whether it is worthwhile depends on the file: where the debtor and the assets are in Italy, direct Italian proceedings are frequently the shorter route.

Service, legalisation and translations

Cross-border service between Italy and the UAE follows the applicable international channels; the service route must be identified for the specific case before commencing proceedings, as it can have a significant impact on timing.

Documents issued in the UAE for use in Italian proceedings may require legalisation through the applicable UAE and Italian authorities, together with an Italian translation. The formal requirements should be checked before filing.

Contracts looking forward

For ongoing trade relationships with Italian counterparties, the dispute-resolution clause deserves attention at the drafting stage: a clear choice of court (or arbitration) and applicable law can significantly simplify any future recovery.

Payment terms, retention-of-title clauses and the requirement of written acknowledgements of debt are equally practical protections.

Practical checklist for UAE creditors

• 01Contracts and purchase orders, including general terms.
• 02Invoices identifying the Italian debtor correctly.
• 03Delivery documents: CMR notes, bills of lading, customs documentation.
• 04Correspondence, in particular any written acknowledgement of the debt.
• 05Payment history and account statements.
• 06Corporate documents of the creditor and powers of representation.
• 07Planning for legalisation and certified Italian translations.

How our Foreign Desk approaches UAE files

Every file begins with a written documentary assessment: whether the evidence supports a decreto ingiuntivo, what legalisation and translations are required, and what the realistic procedural calendar looks like.

Before filing, we also verify the Italian debtor's standing and assets through the official registers, so that the procedural strategy is aligned with the actual prospects of recovery.